Texas Wins Right to Maintain Razor Wire Border Barrier, Court Rules

Created: JANUARY 25, 2025

A federal appeals court has affirmed Texas's authority to construct a razor wire barrier along its border with Mexico to curb illegal immigration. This decision overturns a previous ruling and allows Texas to proceed with its lawsuit against the Biden administration, which it accuses of trespassing. Governor Greg Abbott celebrated the ruling, emphasizing the state's commitment to border security and its ongoing efforts to expand the barrier.

The court's decision, a 2-1 ruling from the 5th U.S. Circuit Court of Appeals, permits Texas to maintain the fencing near Eagle Pass while pursuing legal action. Judge Kyle Duncan, writing for the majority, argued that Texas is protecting its property, not attempting to regulate federal border patrol activities. He stated the federal government relinquished its sovereign immunity and dismissed concerns about potential interference with immigration enforcement or relations with Mexico.

Texas border razor wire

U.S. Border Patrol agents cut an opening through razor wire after immigrant families crossed the Rio Grande from Mexico in Eagle Pass, Texas, Sept. 27, 2023. (John Moore/Getty Images)

TEXAS BORDER RAZOR WIRE

A Venezuelan immigrant asks Texas National Guard troops to let his family pass through razor wire after they crossed the Rio Grande from Mexico in Eagle Pass, Texas, Sept. 27, 2023. (John Moore/Getty Images)

Duncan highlighted the public interest in protecting property rights and minimizing federal overreach. Texas Attorney General Ken Paxton lauded the decision as a significant victory for the state's sovereignty and security, emphasizing the legal battle against the federal government's attempts to remove the fencing.

Texas border

Migrants attempt to cross the southern border in Ciudad Juárez, Mexico, in February. (David Peinado/Anadolu via Getty Images)

This ruling is the latest development in ongoing legal disputes between the White House and Texas regarding border security measures, including the floating barrier in the Rio Grande and a state law permitting the arrest and removal of individuals residing in the country illegally. These cases highlight the continuing tension between state and federal authority on immigration policy.

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